OPTA: ‘SMS code of conduct is not yet entirely satisfactory’: Operators present their own code of conduct

Today OPTA organised a second meeting with mobile operators and consumer interest groups to find a quick solution for problems involving SMS services. In the course of this meeting the operators presented a draft code of conduct, which does not yet comply with all of the requirements that OPTA has formulated with Stichting Ombudsman and Consumentenbond.

The key point is that consumers need to know beforehand what the implications are of sending a message to an SMS service. This involves questions such as How many messages will I receive? What will they cost? and How can I unsubscribe? OPTA and the consumer interest groups would like consumers to receive this information before the relevant subscription actually commences. The mobile phone operators have not yet reached agreement with each other in this respect. In addition, OPTA also feels that this code of conduct should make provision for a clearly defined complaints and dispute resolution procedure as well.

Agreement

What has been agreed is that consumers must at all times be able to request information about the relevant service and how to unsubscribe from it. In addition, it has been agreed that this code of conduct must also apply to existing SMS messaging services. It has been agreed that the operators will present a joint code of conduct at the end of April.

Clarity for consumers

Mobile operators must ensure that consumers are informed about SMS messaging services. This needs to cover both those messaging services which they provide themselves and those of other organisations (‘telephone messaging agencies’) that are given access to the network. As a telecommunications regulator, OPTA will ensure that this information is provided in a satisfactory manner. The network service providers constitute a vital link between end users and those businesses which market these SMS messaging subscriptions, on the one hand, because they grant these companies access to their networks and, on the other hand, because they charge the relevant end users tariffs on their behalf.

It appears that consumers are often not aware that they have registered for a type of subscription, which involves them by being charged for every message that they receive. OPTA, Stichting de Ombudsman and the Consumentenbond have noted that these complaints are extending to include, for example, unsolicited registration, failed deregistration procedures and difficulties which callers are experiencing in their efforts to present any proof. Adverse reports in the media are threatening to place the developing SMS market in a negative light.

Amendment of policy rules on mobile phone number portability

Number portability should be possible irrespective of the contractual obligations which end users and telecommunications service providers have towards each other. OPTA has amended its number portability policy rules in this respect. In addition, it may not take longer than ten working days to process a transfer application, unless the end user concerned requests a specific subsequent date of transfer.